N.Y. CNT Law § 677

§ 677. Records; reports. 1. The writing made by the coroner, or by the\ncoroner and coroner's physician, or by the medical examiner, at the\nplace where he takes charge of the body, shall be filed promptly in the\noffice of the coroner or medical examiner. The testimony of witnesses\nexamined before him and the report of any examination made or directed\nby him shall be made in writing or reduced to writing and thereupon\nfiled in such office.\n 2. The report of any autopsy or other examination shall state every\nfact and circumstance tending to show the condition of the body and the\ncause and means or manner of death. The person performing an autopsy,\nfor the purpose of determining the cause of death or means or manner of\ndeath, shall enter upon the record the pathological appearances and\nfindings, embodying such information as may be prescribed by the\ncommissioner of health, and append thereto the diagnosis of the cause of\ndeath and of the means or manner of death. Methods and forms prescribed\nby the commissioner of health for obtaining and preserving records and\nstatistics of autopsies conducted within the state shall be employed. A\ndetailed description of the findings, written during the progress of the\nautopsy, and the conclusions drawn therefrom shall, when completed, be\nfiled in the office of the coroner or medical examiner.\n 3. (a) The coroner or coroners of each county, or the medical\nexaminer, shall keep full and complete records, properly indexed,\nstating the name, if known, of every person whose death is investigated,\nthe place where the body was found, the date of death, if known, and if\nnot known, the date or approximate date as determined by the\ninvestigation, to which there shall be attached the original report of\nthe coroner, or coroner and coroner's physician or physician employed,\nor medical examiner, and the detailed findings of the autopsy, if any.\nSuch records shall be kept in the office of the county clerk except in\nthose counties having a full-time coroner or medical examiner, in which\ncase such records shall be kept in the office of the coroner or medical\nexaminer.\n (b) Such records shall be open to inspection by the district attorney\nof the county. Upon application of the personal representative, spouse\nor next of kin of the deceased to the coroner or the medical examiner, a\ncopy of the autopsy report, as described in subdivision two of this\nsection shall be furnished to such applicant. Upon proper application of\nany person who is or may be affected in a civil or criminal action by\nthe contents of the record of any investigation, or upon application of\nany person having a substantial interest therein, an order may be made\nby a court of record, or by a justice of the supreme court, that the\nrecord of that investigation be made available for his inspection, or\nthat a transcript thereof be furnished to him, or both.\n 4. The coroner, coroner's physician or medical examiner shall promptly\ndeliver to the district attorney copies of all records pertaining to any\ndeath whenever, in his opinion, or in the judgment of the person\nperforming the autopsy, there is any indication that a crime was\ncommitted.\n 5. The coroner, coroner's physician or medical examiner shall promptly\nreport to the commissioner of motor vehicles, in a form and manner\nspecified by the commissioner, the results of all quantitative tests for\nalcohol, and for any trace of a controlled substance, as defined in\nsection three thousand three hundred six of the public health law, that\nthe coroner, coroner's physician or medical examiner has reasonable\ncause to believe is present, performed upon bodies of victims of motor\nvehicle accidents pursuant to the requirements of subdivision three of\nsection six hundred seventy-four of this chapter.\n 6. Notwithstanding section six hundred seventy of this article or any\nother provision of law, the coroner, coroner's physician or medical\nexaminer shall promptly provide the chairman of the correction medical\nreview board and the commissioner of corrections and community\nsupervision with copies of any autopsy report, toxicological report or\nany report of any examination or inquiry prepared with respect to any\ndeath occurring to an inmate of a correctional facility as defined by\nsubdivision three of section forty of the correction law within his\ncounty; and shall promptly provide the executive director of the justice\ncenter for the protection of people with special needs with copies of\nany autopsy report, toxicology report or any report of any examination\nor inquiry prepared with respect to the death of any service recipient\noccurring while he or she was a resident in any facility operated,\nlicensed or certified by any agency within the department of mental\nhygiene, the office of children and family services, the department of\nhealth or the state education department. If the toxicological report is\nprepared pursuant to any agreement or contract with any person,\npartnership, corporation or governmental agency with the coroner or\nmedical examiner, such report shall be promptly provided to the chairman\nof the correction medical review board, the commissioner of corrections\nand community supervision or the executive director of the justice\ncenter for people with special needs, as appropriate, by such person,\npartnership, corporation or governmental agency.\n 7. (a) Upon the written request of the commissioner of mental health,\nthe commissioner of the office for persons with developmental\ndisabilities, the director of the mental hygiene legal service, the\nexecutive director of the justice center for the protection of people\nwith special needs or the director of a mental hygiene facility, as\ndefined in subdivision two of section five hundred fifty of the\nexecutive law, at which the deceased was a patient or resident, the\ncoroner, coroner's physician or medical examiner shall provide such\nperson with a copy of all reports and records, including, but not\nlimited to, autopsy reports and toxicological reports related to the\ndeceased prepared by a person, partnership, corporation or governmental\nagency pursuant to any agreement or contract with the coroner or medical\nexaminer with respect to the death of a patient or resident receiving\nservices at such a mental hygiene facility.\n (b) Upon the written request of the commissioner of mental health, or\ncommissioner of developmental disabilities, or a director of a\ndepartmental facility as defined in section 1.03 of the mental hygiene\nlaw, or the executive director of the justice center for the protection\nof people with special needs, the coroner, coroner's physician or\nmedical examiner shall transmit to the commissioner, or such director,\nor any member of the justice center medical review board, original\nautopsy slides, tissue materials and specimens taken from the body of a\ndeceased patient or resident as defined in paragraph (a) of this\nsection. Such original materials may be used and tested by such office\nof the department of mental hygiene, or such director, and justice\ncenter medical review board pursuant to its authority under section five\nhundred fifty-six of the executive law. Such slides, materials and\nspecimens may be retained for a reasonable time, and shall be returned\nto the office of the coroner or medical examiner in good condition\nallowing for reasonable use for study and testing purposes.\n 8. The coroner, coroner's physician or medical examiner shall\npromptly, but in no event later than sixty days from the date of death,\nabsent extraordinary circumstances, provide the office of children and\nfamily services with copies of any autopsy report, toxicological report\nor any report of any examination or inquiry prepared with respect to any\ndeath occurring to a child whose care and custody or custody and\nguardianship has been transferred to an authorized agency, a child for\nwhom child protective services has an open case, a child for whom the\nlocal department of social services has an open preventive services\ncase, or a child reported to the statewide central register of child\nabuse and maltreatment. If the toxicological report is prepared pursuant\nto any agreement or contract with any person, partnership, corporation\nor governmental agency with the coroner or medical examiner, such report\nshall be promptly, but in no event later than sixty days from the date\nof death, absent extraordinary circumstances, provided to the office of\nchildren and family services by such person, partnership, corporation or\ngovernmental agency. Where the death involves a child reported to the\nstatewide central register of child abuse and maltreatment, the reports\nreferred to in this subdivision shall also be promptly, but in no event\nlater than sixty days from the date of death, absent extraordinary\ncircumstances, provided to the local child protective service\ninvestigating the report pursuant to section four hundred twenty-four of\nthe social services law.\n 9. When required for official purposes of the state department of\nhealth, the state commissioner of health or his or her designee may\nrequest copies of all reports and records related to a death, including,\nbut not limited to, autopsy reports and toxicology reports. Upon receipt\nof the written request of the state commissioner of health or his or her\ndesignee, a coroner, coroner's physician or medical examiner, shall,\nwithin three business days of their completion, provide to such\ncommissioner or his or her designee a copy of all reports and records,\nincluding, but not limited to, autopsy reports and toxicology reports\nrelated to the death.\n